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In the Matter of Mark S. Wallach, as Chapter 7 Trustee for Norse Energy Corp. USA, Appellant,v.Town of Dryden et al., Respondents.

Brief

18 Cited authorities

  1. Euclid v. Ambler Co.

    272 U.S. 365 (1926)   Cited 2,413 times   7 Legal Analyses
    Holding that a zoning ordinance that "greatly ... reduce[d] the value of appellee's lands and destroy[ed] their marketability for industrial, commercial and residential uses" constituted a "present invasion of appellee's property rights"

  2. Gernatt Asphalt v. Sardinia

    87 N.Y.2d 668 (N.Y. 1996)   Cited 266 times   4 Legal Analyses
    In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.

  3. Town of Orangetown v. Magee

    88 N.Y.2d 41 (N.Y. 1996)   Cited 175 times   1 Legal Analyses
    Holding that a "Building Inspector . . . implement[ed] Town Policy" where the zoning code "vest[ed] the Building Inspector, alone, with the authority to revoke building permits"

  4. Glacial Aggregates v. Town of Yorkshire

    2010 N.Y. Slip Op. 1375 (N.Y. 2010)   Cited 32 times   1 Legal Analyses
    In Glacial Aggregates, we reiterated that, although a mining permit is "`strong evidence of a manifestation of intent `"to continue that nonconforming use, it is "not `a prerequisite to establishing prior nonconforming use rights `" (Glacial Aggregates, 14 NY3d at 137-138, quoting Buffalo Crushed Stone, 13 NY3d at 101-102).

  5. People v. Miller

    304 N.Y. 105 (N.Y. 1952)   Cited 164 times   1 Legal Analyses
    Stating that "nonconforming uses or structures, in existence when a zoning ordinance is enacted, are, as a general rule, constitutionally protected and will be permitted to continue, notwithstanding the contrary provisions of the ordinance"

  6. United States v. Town of Dryden (In re Norse Energy Corp.)

    108 A.D.3d 25 (N.Y. App. Div. 2013)   Cited 20 times   3 Legal Analyses
    Holding that New York state law did not preempt municipal ordinance banning hydrocarbon extraction activities

  7. Wambat Realty Corp. v. State

    41 N.Y.2d 490 (N.Y. 1977)   Cited 73 times
    Upholding zoning and planning for Adirondack Park region

  8. Frew Run Gravel Products, Inc. v. Town of Carroll

    71 N.Y.2d 126 (N.Y. 1987)   Cited 46 times   5 Legal Analyses
    In Frew Run, we explained that although the preemptive reach of the operative text precluded any local law purporting to regulate the operations of mining activities, the limited carve-out allowed municipalities to adopt more stringent requirements for distinct reclamation operations, a result that was “consistent with the statute's overall aim of protecting the environment” (Frew Run, 71 N.Y.2d at 133, 524 N.Y.S.2d 25, 518 N.E.2d 920).

  9. Preble Aggregate Inc. v. Town of Preble

    263 A.D.2d 849 (N.Y. App. Div. 1999)   Cited 29 times
    Rejecting plaintiff's claim that it had vested rights in a permit after the lower court ruled invalid provision that formed the basis for government's denial of the permit

  10. Cobleskill Stone Prods., Inc. v. Town of Schoharie

    95 A.D.3d 1636 (N.Y. App. Div. 2012)   Cited 10 times

    2012-05-31 In the Matter of COBLESKILL STONE PRODUCTS, INC., Respondent, v. TOWN OF SCHOHARIE et al., Appellants. Young Sommer, L.L.C., Albany (Kristin Carter Rowe of counsel), for appellants. Stack Law Office, Syracuse (Rosemary Stack of counsel), for respondent. PETERS Young Sommer, L.L.C., Albany (Kristin Carter Rowe of counsel), for appellants. Stack Law Office, Syracuse (Rosemary Stack of counsel), for respondent. Before: PETERS, P.J., ROSE, LAHTINEN, MALONE JR. and GARRY, JJ. PETERS, P.J. Appeal

  11. Section 23-2703 - Declaration of policy

    N.Y. Envtl. Conserv. Law § 23-2703   Cited 7 times   1 Legal Analyses
    Stating that "this title shall supersede all * * * local laws relating to the extractive mining industry"

  12. Section 23-0303 - Administration of article

    N.Y. Envtl. Conserv. Law § 23-0303   Cited 5 times

    1. Except to the extent that the administration of this article is specifically entrusted to other agencies or officers of the state by its provisions, such administration shall be by the department. Geological services for the department in connection with the administration of this article shall be provided by or in cooperation with the state geologist. Within appropriations therefor the department is authorized to employ such personnel as may be necessary for the administration of this article

  13. Section 23-0301 - Declaration of policy

    N.Y. Envtl. Conserv. Law § 23-0301

    It is hereby declared to be in the public interest to regulate the development, production and utilization of natural resources of oil and gas in this state in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be had, and that the correlative rights of all owners and the rights of all persons including landowners and the general public may be fully protected